Media coalition: Vanderbilt records are clearly public

Mar. 6, 2014

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Judge Russell Perkins

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A media coalition led by The Tennessean argued in a new court filing that the text messages and other documents it's seeking in a Vanderbilt University rape case are clearly public records that no law or policy can shield from public view.

Metro government, the state attorney general’s office and the alleged victim in the case argued against releasing the records in briefs filed in Davidson County Chancery Court last week, saying their release would harm the victim and compromise the defendants’ ability to receive a fair trial. The media coalition responded Thursday.

“Given the lack of any ‘state law’ exception to the disclosure, as required by the (Tennessee Public Records) Act, Metropolitan Government and the Intervenors attack the requests on various public policy grounds,” the coalition’s brief says. “Their arguments are not recognized as public records exemptions and constitute a blatant and unconstitutional attempt to control news coverage.”

The Tennessean and other news organizations sued Metro last month over its refusal to release records from the rape investigation that led to charges against four former Vanderbilt football players. The records include text messages between players and coaches.

The media coalition is not interested in looking at photos or videos of the alleged victim, Tennessean News Director/Editor Maria De Varenne reiterated in a declaration attached to the brief.

De Varenne said the case is a matter of great public interest, “not only because of the prominence of Vanderbilt University in the community, state and nation, but also because of the larger public discussion regarding crimes allegedly committed by collegiate athletes, the handling of the investigations regarding those alleged crimes and the ultimate disposition of the cases involving athletes.

“In addition, the resources and time devoted to this incident by the Metro Police Department and the District Attorney’s Office, compared to other cases involving alleged sexual abuse, are of significant public interest.”

In a separate declaration, reporter Brian Haas, who has covered criminal justice for The Tennessean since 2010, said the police department “regularly makes third-party materials available in connection with pending investigations or ‘open’ cases. In particular, the Metro Police Department often provides copies of third-party surveillance videos for crimes such as robberies, shootings and suspected vehicular crimes.”

Tennessean attorney Robb Harvey of Waller also filed a motion to strike portions of the affidavits filed by Police Chief Steve Anderson, District Attorney General Torry Johnson and the alleged victim, arguing that they “are riddled with flaws” and “fail in many respects to meet the standards required under Tennessee law.”

Davidson County Chancery Court Judge Russell Perkins, who planned to review the records privately Thursday, has said he intends to hold a final hearing Monday and rule in the case the following day.